Inducement of Patent Infringement: Federal Circuit Holds, for the First Time, That a Good-Faith Belief That Patent Is Invalid May Negate Intent Element for Induced Infringement

Sullivan & Cromwell LLP - June 27, 2013

On June 25, 2013, a split three-judge panel of the Federal Circuit issued a decision in Commil USA, LLC v. Cisco Systems, Inc., No. 12-1042, ___ F.3d ___ (Fed. Cir. 2013) (“Commil”), holding that a defendants’ good-faith belief that a patent is invalid may preclude liability for inducing infringement of that patent. This is the first Federal Circuit decision on this issue, which ultimately may be addressed by the court en banc.